Examining the evidence adopted by the court of first instance maintained by the court below in light of the relevant legal principles, it is justifiable to find the court below guilty of the facts charged of this case on the grounds stated in its reasoning.

In so doing, contrary to the allegations in the grounds of appeal, there is no error of law by misunderstanding facts in violation of logical and empirical rules or by misapprehending the legal principles on the arrest of flagrant offenders.

Meanwhile, under Article 383 subparag. 4 of the Criminal Procedure Act, an appeal on the ground of unfair sentencing may only be lodged by death penalty, imprisonment with or without prison labor for an indefinite term or for not less than ten years. Thus, in this case where a more minor sentence was imposed on the defendant, an appeal is not allowed to be filed with the Supreme Court on the ground

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.